SAP America, Inc. v. Pi-Net International, Inc.

Filing
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAP AMERICA, INC.,
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Plaintiff,
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United States District Court
Northern District of California
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v.
LAKSHMI ARUNACHALAM,
Case No. 13-cv-1248-PJH
ORDER DENYING MOTION FOR
RECONSIDERATION; ORDER
DENYING REQUEST FOR RECUSAL
Defendant.
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On April 22, 2016, the court issued an order denying the motion of plaintiff Dr.
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Lakshmi Arunachalam for an order lifting the stay in this action and for an order allowing
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the filing of an amended counterclaim. Now before the court is plaintiff's "first" motion for
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reconsideration and motion for recusal.
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The motion for reconsideration is DENIED. Under Civil Local Rule 7-9, "[n]o party
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may notice a motion for reconsideration without first obtaining leave of Court to file the
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motion." Civ. L.R. 7-9(a). Plaintiff did not seek leave to file a motion for reconsideration,
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and further, her motion does not address the factors set forth in Rule 7-9(b).
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The motion for recusal is also DENIED. Plaintiff contends that the undersigned
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should recuse herself because of a purported financial interest in Microsoft Corporation,
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which previously sought inter-partes reexamination of U.S. Patent No. 7,340,506 ('506
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patent) with the U.S. Patent and Trademark Office. However, the '506 patent is not
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presently at issue in this case. Plaintiff wishes to put the '506 patent at issue by means
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of an amended counterclaim, but, because the case is stayed, the court denied the prior
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motion for leave to amend the counterclaim without addressing the merits. If plaintiff
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wants to assert infringement of the '506 patent, she cannot do it in this lawsuit while the
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stay is pending, but rather must file a separate lawsuit. Under these circumstances, the
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court need not consider whether recusal is appropriate.
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IT IS SO ORDERED.
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Dated: April 27, 2016
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__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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United States District Court
Northern District of California
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